Recently, the Madras High Court addressed a petition filed by the president of a farmer welfare organisation, alleging repeated obstructions to travel for peaceful protests to New Delhi. The petitioner claimed that despite holding valid train tickets, he and his members were deboarded, which was seen as an attempt by authorities to prevent their right to protest. Previous court rulings had upheld the constitutional right to protest, but interference was said to persist.
The authorities contended that the petitioner conducted protests often without proper permission and violated conditions when permission was given, leading to public nuisance and law and order problems. They maintained that while the right to protest and movement are fundamental, these rights are subject to reasonable restrictions to protect public order.
The Court observed that the right to move freely, assemble peacefully, and voice grievances are essential features of democracy. It was clarified that railway authorities do not have the power to deboard passengers holding valid tickets merely for intending to protest. However, the Court emphasized that protest rights are not absolute they must be exercised within legal limits, including obtaining prior permission and following conditions meant to ensure lawful and orderly demonstrations.
Ultimately, the Court refused to issue a general order prohibiting interference, on the grounds that the petitioner failed to produce sufficiently specific evidence about the incidents alleged. The judgment reaffirmed that the petitioner’s right to travel and protest is secured by the Constitution but must be exercised within the bounds of legality and with prior permission. The authorities were instructed not to arbitrarily obstruct valid travel but may impose reasonable and lawful conditions. The petitioner was granted liberty to pursue appropriate legal remedies if further obstruction occurs.
Case Title: P Ayyakannu v. Union of India
Case No.: WPMD No. 13455 of 2025
Coram: Justice B. Pugalendhi
Counsel for the Petitioner: Adv. S. Muthukrishnan
Counsel for the Respondents: Deputy Solicitor General of India K. Govindarajan, Special Government Pleader F. Deepak, Additional Public Prosecutor E. Antony Sahaya Prabhakar
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